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90_HB3763
New Act
Creates the Uniformed Peace Officers Zero Tolerance Act.
Prohibits any peace officer or employee of a sheriff's
department from possessing, using, or ingesting any
controlled substance or cannabis. Prohibits any peace officer
or employee of a sheriff's department from drinking any
alcoholic liquor while on duty. Provides that if a peace
officer or employee possesses, uses, or ingests a controlled
substance or cannabis, the officer or employee shall be
terminated. Provides that if a peace officer or employee
drinks alcoholic liquor while on duty, the chief of the
police department or the sheriff shall take disciplinary
action. Effective immediately.
LRB9010703MWcdA
LRB9010703MWcdA
1 AN ACT to create the Uniformed Peace Officers Zero
2 Tolerance Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Uniformed Peace Officers Zero Tolerance Act.
7 Section 5. Legislative intent. Public safety is a vital
8 obligation of this State. The police departments and the
9 sheriff's departments of this State have a long and
10 distinguished heritage. To foster, enhance, and advance that
11 heritage, the provisions of this Act shall be liberally
12 construed.
13 Section 10. Definitions. In this Act:
14 "Alcoholic liquor" has the same meaning as in Section
15 1-3.05 of the Liquor Control Act of 1934.
16 "Cannabis" has the same meaning as in Section 3 of the
17 Cannabis Control Act.
18 "Controlled substance" has the same meaning as in Section
19 102 of the Illinois Controlled Substances Act.
20 "Employee" means any employee of a sheriff's department
21 in this State.
22 "Peace officer" has the same meaning as in Section 2-13
23 of the Criminal Code of 1961, except officers, agents, and
24 employees of the federal government.
25 Section 15. Prohibited acts.
26 (a) No peace officer or employee shall possess, use, or
27 ingest to any degree any controlled substance or cannabis.
28 (b) No peace officer or employee shall, while on duty
29 and in uniform, consume any alcoholic liquor. No peace
-2- LRB9010703MWcdA
1 officer or employee shall, while on duty and not in uniform,
2 consume any alcoholic liquor without the specific
3 authorization of the chief of the police department, the
4 sheriff, or the chief's or sheriff's designee.
5 Section 20. Testing. The test for the use of controlled
6 substances or cannabis and the consumption of alcoholic
7 liquor shall be the same as in Section 11-501.2 of the
8 Illinois Vehicle Code.
9 Section 25. Penalties.
10 (a) If any peace officer or employee violates the
11 provisions of subsection (a) of Section 15 of this Act,
12 the peace officer or employee shall be terminated.
13 (b) If any peace officer or employee violates the
14 provisions of subsection (b) of Section 15 of this Act,
15 the chief of the police department or the sheriff shall
16 take disciplinary action.
17 Section 30. Home rule. A home rule unit may not
18 regulate drug and alcohol use by a peace officer or employee
19 in a manner less restrictive than the regulation by the State
20 of the drug and alcohol use by a peace officer or employee
21 under this Act. This Section is a denial and limitation of
22 home rule powers and functions under subsection (i) of
23 Section 6 of Article VII of the Illinois Constitution on the
24 concurrent exercise by home rule units of powers and
25 functions exercised by the State.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.